Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-07-21

The case of the prosecution will be baseC
on chain OF circumstantial evidence, thai
will require even larger number. Thu.
far the trial has progressed rapidly, but il
is thought the drag will soon be applied.
There was IN increased attendance wher
Court convened yesterday morning, 4:
notable feature being the large number o
ladies in attendance. The citizens O
New Cumberland turned out en- masse
showing the intense interest they feel il
the case.
THE AUDIENCE
gathered early aud impatiently awaited
the opening OF the trial. The officials O
the Court are crowded with business per
tanning to the case. The attorneys appear
ell early, and the earnest consultations o
tcounsel on either side showed that they
were preparing for severe struggle.
Al five minutes OF nine the Sheriff mar.
shalled the jury into Court They seemed
to feel the responsibility of the situation,
and their grave and earnest faces indicated
that they appreciated the fact that they
would soon be called upon TO pass upon q
human beings life. The prisoner was led
i'll, looking pale and calm. Baker held q
short but earnest consultation with his
counsel, and then Attorney Cook arose tO
make formal motion that the State be
ordered to turn over for the inspection OF
the defense any documents that they might
wish 10 offer ~ evidence. Judge Boyd
| UvERRULED THE MOTION,
stating that such was not the practice &C,
cording to the West Virginia laws. At
tOrney Brown, of Pittsburg then made the
statement for the prosecution. In opening
he outlined the case, giving short and
comprehensive account of the murder, ex-
patiating upon the fact that this was the
first murder case i'll the annals of Han
cock county. He said it placed an unusual
responsibility upon the Jury. 1t was q
duty, however, which no conscientious cit
izen would seek to evade. He said it gave
the State pleasure to see the readiness OF
the people to discharge this duty. Con-
timing, he said:
The position Of the accused suggests
naturally the serious situation as far rs be
is concerned. The gravity is no less great
on the part Of the State This is perhaps
not so obvious, and it is upon this that |
wish TO speak.
THE State Of West Virginia appears as
the prosecutor, and not the relatives OF
the diseased. Why is this? Because the
state Is that corporate identity that is
composed OF the union OF the citizens for
the common purpose OF mutual protection
OF mutual rights. This is what we call
government. The reason Of this associa-
ton III States Is obvious. No man alone
CAN FULLY PROTECT HIMSELF
in all his rights and privileges. Hence
men unite by common consent TOR such
protection. There is no better reason tor
such association than can be drawn from
the consideration OF the crime of murder.
No right is 80 dear as life. 1t is the height
all rights. Yet there is no right that
man enjoys that IS more easily taken away.
| Human life is easily shortened.
Hence, from immemOrial time
all men have joined together
for protection in this right, and the taking
of life has been considered the darkest of
crimes. Hence in even barharic communi-
ties men take upon themselves the respon-
sibility OF punshing this crime. This is
the origin Of what is called
LYNCH LAW.
Hence it is, in all duly organized societies,
provision is made for the punishment of
such crime by such body az this jury.
1t is thus your duty to punish this iudiyid-
ual ii guilty and from the evidence TO de-
termine upon his guilt. You are the rep
resentatiyes OF the State; you also repre-
sent the administration Of law, upon which
depends mems confidence in the iustice
of law. This responsibility rests upon
you in behalf of the State, for this crime
was crime against the State not only
against the persons who fell by that fatal
stroke, but against all. If the course OF
Justice in any community is thwarted,
anarchy reigns and men must protect
themselves. Hence every man feels that
when the life of a neighbor has been taken,
it is his duty to ayenge it,
''Then it is not the prisoner alone who's
in Jeopardy. Society is in jeopardy. Law
is in jeopardy. The life, peace, happiness of
the community are in jeopardy. You gen
tlemen are To determine whether this man
is guilty. The prosecution have their
duty to perform. Weare together in the
same couse; pieces OF the same machinery,
your duty is to hear, to render
TRUE VERDICT,
ours TO present the evidence. This we
shall proceed TO do as q duty, neither as a
privilege OF pleasure and we feel it shall
he our duty and shall discharge it so. We
shall give you all the facts in reference to
the place, time and parties. The murder
| tal A,I ho he
widow of Robert McWha. The situation
is famaliar to you all. We have prepared
faithful maps of the house and vicinity.
These we will submitand explain.
In respect TO the ersons / have de-
scribed Mrs. McWha. The accused man
is Van B. Baker, whom We shall prove
was the perpetrator of the crime. Back OF
all human actions Is q motive. And We
will show yon that 4 motive existed in
the mind Of Van B. Baker; that motive
was avarice. He was the sOn-in-lsw of
Mrs McWba. He married her only sur
viying daughter. He WAS poor, a school
teacher, widower with a large family.
Mrs McWha was wealthy; her property
was in stocks, personal property and real
estate. Mrs. Baker was also wealthy.
Mrs. McWha willed her estate to her
daughter. Mrs. Baker made a will cut
ting off her husband with a provision OF
81 900. Baker
KNEW THE CONTENTS OF THESE WILLS.
We shall show you that he had his eye
fixed upon this estate with longing. He
complained upon his wife and mother-in-
law. After that murder the will of Mrs.
McWha was found. But most diligent
search has failed to show the will Of Eliza
Baker. Further, when the bodies of these
women were found Mrs. Baker lay across
the body of her mother, so as to appear
that Mrs. Baker, after having received the
fatal blow, had dragged herself TO her